Strike 4: Lovenox® Patent Still Unenforceable

Posted on | October 10, 2008 | No Comments

2008-1560 Aventis v. Sandoz
CD/CA 06-4858
Judge Mariana Pfaelzer

Aventis appeals from the order of Judge Mariana Pfaelzer granting Sandoz’s motion for summary judgment finding 5,389,618 and RE38,743 unenforceable for inequitable conduct and dismissing Aventis’s infringement claims.  The patents are directed to a composition comprising low molecular weight heparins (“LMWHs”) marketed as Lovenox® in the United States and Clexane® in Europe and is effective in preventing thromboses
(blood clotting) while minimizing the possibility of hemorrhaging,
especially during high-risk surgery. 

Judge Pfaezer’s opinion is short, simple and straight-forward.  She previously found that patents unenforceable for inequitable conduct, a decision affirmed by the Federal Circuit in Aventis v. Amphastar, 525 F.3d 1334 (Fed. Cir. 2008). 

The court ruled that collateral estoppel applies here.  The same issue is also on appeal in Aventis v. Hospira, 2008-1499.

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